Nintendo and Genki Reach Settlement in Switch 2 Trademark Lawsuit

Nintendo’s legal battle with accessory maker Genki has come to a conclusion, as both parties agreed to a settlement that avoids a full trial. The case began earlier this year when Nintendo filed a lawsuit against Genki over trademark infringement, accusing the company of misleading consumers by showcasing a mock-up Switch 2 unit months before Nintendo’s official reveal of the console.

The court documents confirm that Genki must pay an undisclosed amount in damages to Nintendo. Beyond financial compensation, the settlement imposes significant restrictions on Genki’s future business activities. The company, along with all subsidiaries of its parent firm Human Things, is now permanently barred from using Nintendo logos, designs, or anything deemed “confusingly similar thereto” in connection with its products.

This extends beyond obvious branding. Genki is no longer allowed to use names such as “Glitch,” “Glitch 2,” “Genki Direct,” or “Genki Indirect” to promote its accessories. The court determined these terms were intentionally close to Nintendo’s “Switch” and “Nintendo Direct” branding. Color schemes are also restricted, with combinations like red and white, red and blue, green and pink, and several others now off-limits due to their association with Nintendo’s visual identity.

The conflict traces back to January 2025 at CES, where Genki displayed mock-ups of what it described as an early version of the Nintendo Switch 2. Videos of attendees holding and measuring the devices went viral, leading to consumer confusion and widespread speculation. Nintendo alleged that Genki “capitalised on the public interest” in the upcoming console by presenting its dummy hardware as legitimate.

Nintendo’s lawyers argued that Genki’s claims of accessory compatibility with the unreleased Switch 2 were either deceptive or proof that the company had gained unauthorized access to proprietary hardware information. Court filings stated that Genki initially claimed to have access to a genuine Switch 2 but later contradicted itself, eventually admitting that it did not. Regardless, the company continued to suggest its products would be compatible when the console launched.

Nintendo insisted this would have been impossible without either official access to hardware or illicitly obtained technical data. The company made its position clear in statements to the media in early January, stressing that “the gaming hardware that Genki presented as Nintendo hardware at CES is unofficial and was not provided to the company by us.”

The tensions escalated when Genki staged a marketing campaign around the time of Nintendo’s official Switch 2 reveal. On April 1, the day before Nintendo’s presentation, Genki promoted its own “Genki Direct” event. This direct competition with Nintendo’s branding further inflamed the legal conflict. Another incident in January included Genki tweeting a photo of its CEO, Edward Tsai, outside Nintendo’s Kyoto headquarters with the caption “Genki ninjas infiltrate Nintendo Kyoto HQ,” which Nintendo described as another attempt to create confusion about the company’s relationship to the console maker.

When the lawsuit was first filed, Genki responded with a statement:

"You may have seen that Nintendo recently filed a lawsuit against us. We're taking it seriously and working with legal counsel to respond thoughtfully," — Genki.

The company also defended its work and independence, stating it remained “proud of the work done” and committed to supporting its community with original accessories.

Despite the settlement, the case highlighted the high stakes of Nintendo’s Switch 2 rollout. Court papers revealed that Nintendo had begun planning the successor console shortly after the launch of the original Switch, with formal hardware development beginning around 2019. The Switch 2 is scheduled to launch on June 5 at a retail price of £396, with Nintendo preparing the release by updating the original Switch system with new features.

With the legal battle now closed, Nintendo can focus on the upcoming release of its next-generation console, while Genki faces a redefined business landscape without the branding and marketing approaches that tied its identity so closely to Nintendo’s.